| Case ID |
0fa9c469-7008-4bef-a418-ddbd30e4b37a |
| Body |
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| Case Number |
Civil Appeal No.726 of 1992 |
| Decision Date |
Dec 03, 1995 |
| Hearing Date |
|
| Decision |
The appeal was accepted, and the order of the Selection Committee denying Zubeda Bibi's admission to Bolan Medical College was set aside. The court determined that the domicile certificate issued to her father in 1973 was valid for the area now within Pishin District, despite the bifurcation of Quetta District. The lapse on her father's part to obtain a fresh domicile certificate was not a sufficient ground to deny her admission, given that both she and her father were bona fide residents of Chaman, which is now part of Pishin District. The court emphasized the need for equitable access to education and that the refusal to admit Zubeda Bibi was not legally sustainable. |
| Summary |
The case centers around the admission of Miss Zubeda Bibi to Bolan Medical College in Quetta based on her father's domicile certificate. The Selection Committee initially denied her admission, citing the requirement for a domicile certificate from the Pishin District after the bifurcation of Quetta District in 1975. The Supreme Court of Pakistan found that the domicile certificate issued to her father in 1973 was still valid for the area now within Pishin District. The court ruled that the denial of admission was hyper-technical and did not consider the bona fide residency of the petitioner and her family. This decision underscores the importance of fair educational opportunities and the legal recognition of domicile certificates in Pakistan, especially in cases involving educational institutions. The ruling also highlights the court's commitment to ensuring that procedural lapses do not unjustly hinder a student's right to education. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN,
FAZAL KHAN,
MUKHTAR AHMAD, JUNEJO
|
| Lawyers |
Muhammad Munir Peracha,
Ejaz Muhammad Ehan,
Raja Abdul Ghafoor,
S.A.M. Quadri
|
| Petitioners |
Miss ZUBEDA BIBI
|
| Respondents |
SELECTION COMMITTEE, BOLAN MEDICAL COLLEGE, QUETTA and others
|
| Citations |
1996 SLD 206 = 1996 PLD 163
|
| Other Citations |
Mir Muhammad Ibrahim v. District Magistrate, Kalat; and others SCMR 185,
The Chairman, Selection Committee, Bolan Medical College, Quetta etc. v. Miss Safia Hameed etc. 1979 SCMR 529,
Miss Salina Mughal v. Selection Committee, Bolan Medical College, Quetta and others 1993 SCMR 2083
|
| Laws Involved |
Pakistan Citizenship Act (II of 1951),
Constitution of Pakistan (1973)
|
| Sections |
17,
185(3)
|